July 19, 2023 | International, Naval
French Navy receives first new supply ship under program with Italy
The new vessels feature greater cargo and fuel-carrying capacity than their predecessors, with an eye on supplying France's aircraft carrier.
January 13, 2021 | International, Aerospace
Lawsuit threatens $23B weapons sale to UAE
By: Joe Gould
WASHINGTON ― A small, 2-year-old nonprofit think tank has taken a step that most advocacy organizations never dare try: It has sued the U.S. State Department to derail a $23 billion arms sale to the United Arab Emirates.
In a legal claim announced last month, the New York Center For Foreign Policy Affairs asserted that the Trump administration failed to provide a reasonable explanation for its decision to sell F-35 fighter jets and other weapons to the UAE, which places it in breach of the Administrative Procedure Act. It has asked the U.S. District Court for the District of Columbia to find the sale invalid.
The case is unusual, as is the theory of the case, but so is the Trump administration's approach to the sale, said Brittany Benowitz, a legal expert on human rights and arms trade.
Such legal challenges rarely succeed, but if this one does, it could halt the deal even if Washington and Abu Dhabi follow through with plans to sign contracts in the waning days of the Trump administration.
“If you can say this deal was executed improperly and the contractor was on notice of that, which they are, then I think you can say it's possible to stop the sale before delivery,” Benowitz said.
The State Department declined to comment on the pending litigation, in line with its policy.
The new lawsuit against the State Department came after a failed attempt in Congress to block the sale of 50 Lockheed Martin-made F-35 aircraft, 18 General Atomics-made MQ–9B Reaper drones and Raytheon Technologies-made munitions.
The Senate narrowly rejected a challenge to the sale amid arguments from the administration that the sales would make the UAE more interoperable with partners and defend itself from “heightened threats from Iran.”
Opponents said the fast-tracked process was incomplete, leaving questions about the security of U.S. weapons technology, the potential of sparking a Middle Eastern arms race, and the potential for the weapons to be used in Yemen and Libya; these arguments were echoed in the lawsuit.
The State Department came under scrutiny for irregularities in a previous sale. Its inspector general, who was later fired, found that a separate “emergency” sale of $8 billion in precision-guided bombs to Saudi Arabia and the UAE failed to “fully assess” or mitigate the risk of civilian casualties in Yemen.
To boot, Saudi Arabia and the UAE reportedly breached arms sale agreements with the U.S. by transferring American materiel to al-Qaida-linked fighters and other militant factions in Yemen. Lawmakers have also called for an an investigation into reporting that the UAE may have transferred American-made Javelin anti-armor missiles to the Libyan National Army in violation of a United Nations arms embargo.
“What we're saying is that the State Department rushed this through without congressional oversight, they didn't follow their own rules and they didn't apply the same metrics that would guide approval to others,” said Justin Russell, the director of the New York Center For Foreign Policy Affairs. The organization conducts advocacy and research on the conflicts in Libya and Yemen.
“Congress tried to block [the sale] on the same merits and when that legislation failed, we said, ‘Wait a minute, we've got to stand up and do something.'”
The Administrative Procedure Act allows a court to “hold unlawful and set aside any agency action ... found to be in arbitrary, capricious, an abseils of discretion or otherwise not in accordance with the law.”
Here, the lawsuit argues the State Department didn't find, as required under the Arms Export Control Act, that the sale “will strengthen the security of the United States and promote world peace” ― or present “a reasoned explanation” for its actions as required by the Administrative Procedure Act.
In 2019, the Campaign Against the Arms Trade won a U.K. Court of Appeal ruling to ban new arms sales to Saudi Arabia. The government has since renewed sales, and CAAT applied for judicial review into the legality of the U.K. government's decision to renew arms sales to Saudi Arabia.
In the U.S., there has not been a successful court case of targeting government-to-government sales in recent years, according to Benowitz. What's also unusual about the New York Center For Foreign Policy Affairs' approach is that it doesn't rely on a human rights argument but rather points to aberrations in the process ― particularly past end-use violations that ought to have have disqualified the UAE, she said.
“There have been court challenges to arms sales in the past on human rights grounds, but this challenge on national security grounds under the Administrative Procedure Act is unprecedented,” she said. “It's rare because we have never had a record of irregularities like the one we have now.”
By Benowitz's reckoning, if a finalized deal is invalidated in the courts and it is found that the deal never should have been entered in the first place, its unlikely the U.S. could be penalized financially by the UAE.
“To get a remedy, or damages, under contract law, you have to have ‘clean hands,' so it would be difficult for the Emiratis to recoup,” she said.
https://www.defensenews.com/congress/2021/01/12/lawsuit-threatens-23b-weapons-sale-to-uae
On the same subject
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December 22, 2020 | International, Aerospace
Japan releases record-high budget, but not all programs made the cut
By: Mike Yeo MELBOURNE, Australia — Japan's defense budget for the next fiscal year will set a record high for the seventh year running, although the approved figure is still lower than that requested by the Defense Ministry. The country's Finance Ministry approved a budget of $51.5 billion for the Defense Ministry, which is $3.5 billion lower that the Defense Ministry requested in September. Funds expected to upgrade Japan's fleet of fighter jets were removed as part of the reduction. Specifically, the request for $205 million to upgrade the Japan Air Self-Defense Force's F-15J Eagle interceptors was cut in full. The upgrade would have seen the interceptors get new radars and mission computers, and equipped with standoff land-attack missiles. But local media reports said the escalating costs of nonrecurring engineering work prompted a rethink of the program. Japan requested and received the U.S State Department's approval for the upgrade of up to 98 F-15Js for an estimated cost of up to $4.5 billion. The work would have been carried out by F-15 manufacturer Boeing in conjunction with Mitsubishi Heavy Industries, which built the Japanese jets under license in the 1980s. Plans to buy two more Kawasaki C-2 airlifters and 25 wheeled Type 16 combat vehicles were also impacted, with the adjusted budget now allocating funds for only one C-2 and 22 Type 16. However, plans for Japan to acquire four more Lockheed Martin F-35A conventional-takeoff-and-landing jets and two F-35B short-takeoff-and-vertical-landing jets over the next fiscal year will go ahead. Japan has an eventual requirement for 105 F-35As and 42 F-35Bs, which makes it potentially the biggest operator of the Joint Strike Fighter outside of the United States. The country announced earlier this week that it selected Lockheed Martin to partner with local industry in the development of a next-generation fighter jet. The approved budget also allocates $323 million to increase the range of the indigenous truck-launched Type 12 anti-ship missile, with Japan seeking to eventually use the missile from aircraft and ships to strike naval targets from standoff distances. Budget documents also confirmed Japan is conducting a feasibility study on building two more destroyers fitted with the Aegis combat system and radars to beef up ballistic missile defense. The move follows the decision to cancel plans to build two Aegis Ashore systems on Japanese soil due to the danger of boosters from the missile interceptors falling onto populated areas. Previous local media reports said the proposed destroyers would use the Lockheed Martin AN/SPY-7(V)1 radar, which was also selected by Japan for the canceled Aegis Ashore systems. The budget is for the forthcoming Japanese fiscal year, which starts April 1, 2021. https://www.defensenews.com/global/asia-pacific/2020/12/21/japan-releases-record-high-budget-but-not-all-programs-made-the-cut/
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April 24, 2020 | International, Aerospace, Naval, Land, C4ISR, Security
Contract Awards by US Department of Defense - April 23, 2020
AIR FORCE Dataminr Inc., New York, New York, has been awarded a firm-fixed-price contract for $258,661,096 for a commercially available license subscription that can leverage a variety of publicly available information sources, evaluate content to detect emerging events as they are developing and push alerts to users based on user-defined areas and topics of interest. The solution must be capable of distributing alerts in near real-time via email, web-based application and mobile platforms. The solution must be available commercially in the marketplace and able to scale to a Department of Defense enterprise capability and keep pace with developments and standards within the commercial industry sector. Work will be performed in New York and is expected to be complete by April 23, 2025. This award resulted after three firms were solicited and submitted bids. Fiscal 2020 operations and maintenance funds in the amount of $48,720,000 are being obligated at the time of the award. The Air Force District Washington, Joint Base Andrews, Maryland, is the contracting activity (FA7014-20-C-0016). Aviation Training Consulting LLC, Altus, Oklahoma, has been awarded a $7,281,483 firm-fixed-price modification (P00043) to previously-awarded contract FA8621-16-C-6339 for B-52 training system contractor logistics support and training system support center sustainment. The contract modification is for the third increment of the seven year basic contract. Work will be performed at Barksdale Air Force Base, Louisiana; and Minot AFB, North Dakota, and is expected to be completed by Oct. 31, 2020. Air Force fiscal 2020 operations and maintenance funds will fund this effort. The total cumulative face value of the contract is $7,281,483. The Air Force Life Cycle Management Center, Wright-Patterson AFB, Ohio, is the contracting activity. NAVY Lockheed Martin Rotary and Mission Systems, Baltimore, Maryland, was awarded a $147,639,775 undefinitized contract action modification to previously-awarded contract N00024-20-C-5310 for the procurement of MK 41 Vertical Launching System (VLS) vertical launcher module electronic components. Work will be performed in Baltimore, Maryland (44%); Fort Walton Beach, Florida (39%); Waverly, Iowa (3%); Hampstead, Maryland (2%); Dover, Pennsylvania (2%); Chaska, Minnesota (1%); St. Peters, Missouri (1%); Wooddale, Illinois (1%); Plainview, New York (1%); Irvine, California (1%); Roebling, New Jersey (1%); Forest Hill, Maryland (1%); Millersville, Maryland (1%); Sterling Heights, Michigan (1%); and Red Lion, Pennsylvania (1%). This modification provides the electronic components for MK 41 VLS, which is installed onboard Navy surface combatants (CG-47 and DDG-51 class ships) and multiple allied Navy platforms. MK 41 VLS stores, selects, prepares and launches standard missiles, Tomahawk, Vertical Launch Anti-Submarine Rocket and Evolved Sea Sparrow missiles. Work is expected to be completed by March 2025. This contract combines purchases for the Navy (65%); and the governments of South Korea, Finland and Germany (35%) under the Foreign Military Sales (FMS) program. Fiscal 2018 and 2019 shipbuilding and conversion (Navy); and FMS funding in the amount of $29,527,952 was obligated at the time of award and will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington, District of Columbia, is the contracting activity. (Awarded April 17, 2020) Trijicon Inc.,* Wixom, Michigan, is awarded a $41,218,080 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for the remanufacture of Rifle Combat Optics (RCOs). This contract provides for the materials, labor, equipment, facilities and missing/repair parts necessary to inspect, diagnose, test and restore the RCOs. Work will be performed in Wixom, Michigan, and is expected to be completed by April 2025. This contract has a five-year ordering period with a maximum value of $41,218,080. Fiscal 2020 operations and maintenance (Marine Corps) in the amount of $8,160,000 will be obligated at the time of award for the first task order and will expire at the end of the current fiscal year. This contract was not competitively procured in accordance with 10 U.S. Code 2304(c)(1) - only one responsible source and no other supplies or services will satisfy agency requirements. The Marine Corps Logistics Command, Albany, Georgia, is the contracting activity (M67004-20-D-0003). Avian LLC,* Lexington Park, Maryland, is awarded a $13,342,932 modification (P00068) to exercise an option on a previously-awarded cost-plus-fixed-fee contract (N00421-17-C-0049) to provide support for the Naval Air Warfare Center Aircraft Division's Integrated System Evaluation Experimentation and Test Department. Work will be performed in Patuxent River, Maryland, and services will include flight test engineering, programmatic, administrative, design, execution, analysis, evaluation and reporting of tests and experiments of aircraft, unmanned air systems, weapons and weapons systems. Work is expected to be completed in April 2021. Fiscal 2020 research, development, test and evaluation (Navy) in the amount of $3,783,077; fiscal 2019 research, development, test and evaluation (Navy) in the amount of $90,000; fiscal 2020 aircraft procurement (Navy) funds in the amount of $1,549,886; fiscal 2019 aircraft procurement (Navy) funds in the amount of $28,732; fiscal 2020 operations and maintenance (Navy) funds in the amount of $19,816; fiscal 2020 other procurement (Navy) funds in the amount of $144,756; and Foreign Military Sales funds in the amount of $310,238 will be obligated at time of award, $254,572 of which will expire at the end of the fiscal year. The Naval Air Warfare Center Aircraft Division, Patuxent River, Maryland, is the contracting activity. ARMY ECS Federal LLC, Fairfax, Virginia, was awarded an $83,099,372 cost-plus-fixed-fee contract for to create combined artificial intelligence (AI)-platform prototypes enhance. Bids were solicited via the internet with one received. Work will be performed in Fairfax, Virginia, with an estimated completion date of March 26, 2023. Fiscal 2020 research, development, test, and evaluation, Army funds in the amount of $83,099,372 were obligated at the time of the award. U.S. Army Contracting Command, Aberdeen Proving Ground, Aberdeen, Maryland, is the contracting activity (W911QX-20-C-0023). Sherwood Aviation,* Opa Locka, Florida, was awarded an $18,636,740 firm-fixed-price contract for overhaul/repair of CH-47 gas turbine engines. Bids were solicited via the internet with three received. Work locations and funding will be determined with each order, with an estimated completion date of April 23, 2025. U.S. Army Contracting Command, Redstone Arsenal, Alabama, is the contracting activity (W58RGZ-20-D-0051). General Atomics Aeronautical Systems Inc., Poway, California, was awarded a $9,943,746 modification (P00044) to contract W58RGZ-19-C-0027 for continuation effort for the Gray Eagle Unmanned Aircraft System. Bids were solicited via the internet with one received. Fiscal 2020 operations and maintenance, Army funds in the amount of $9,943,746 were obligated at the time of the award. Work will be performed in Poway, California, with an estimated completion date of April 23, 2021. U.S. Army Contracting Command, Redstone Arsenal, Alabama, is the contracting activity. Boyer Commercial Construction Inc.,* Columbia, South Carolina, was awarded an $8,686,240 firm-fixed-price contract for national cemetery expansion at Fort Jackson, South Carolina. Bids were solicited via the internet with seven received. Work will be performed in Columbia, South Carolina, with an estimated completion date of May 14, 2021. Fiscal 2020 Department of Veteran Affairs funds in the amount of $8,686,240 were obligated at the time of the award. U.S. Army Corps of Engineers, Charleston, South Carolina, is the contracting activity (W912HP-20-C-2001). DEFENSE LOGISTICS AGENCY Robertson Fuel Systems LLC, Tempe, Arizona, has been awarded a maximum $38,784,713 firm-fixed-price, indefinite-delivery requirements contract for aircraft fuel tanks. This was a sole-source acquisition using justification 10 U.S. Code 2304 (c)(1), as stated in Federal Acquisition Regulation 6.302-1. This is a five-year contract with no option periods. Location of performance is Arizona, with an April 23, 2025, performance completion date. Using military service is Army. Type of appropriation is fiscal 2020 through 2025 Army working capital funds. The contracting activity is the Defense Logistics Agency Aviation, Redstone Arsenal, Alabama (SPRRA1-20-D-0034). *Small business https://www.defense.gov/Newsroom/Contracts/Contract/Article/2162978/source/GovDelivery/